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5 N.J.A.R. 188

Twomey, Ann v. Englewood Hospital Association
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Citation: 5 N.J.A.R. 188
Decision Date: 1981
Agency: DIVISION ON CIVIL RIGHTS
Synopsis: Petitioner was employed since 1971 as a registered nurse at the Englewood Hospital from which she has been suspended for three and one-half days in 1976 for failure to obey the hospital's policy of requiring her to wear her nurse's cap while on duty. This policy, she alleged, constituted unlawful discrimination on the basis of sex in violation of N.J.S.A. 10:5-4 and 10:5-12(a) because the policy did not apply to male nurses. The administrative law judge assigned to the case determined that in order for remediable discrimination to be proven, the alleged im- proper classification must be shown to have been based on sex plus some other characteristic of an immutable nature or involving the fundamental rights of an employee or have a significant affect on the employment opportunities of one sex. On the basis of such a require- ment, the judge concluded that petitioner had failed to establish a prima facie case of discrimination and dismissed the complaint. Priscilla E. Hayes, Deputy Attorney General, for petitioner (John J. Degnan, Attorney General of New Jersey, attorney) John H. Yauch, Jr. Esq., for respondent (Yauch, Peterpaul and Clark, attorneys)
Rule(s) Cited: 10:5-12(a) 
Citation Tracker rejected, Div. on Civil Rights; reversed -App. Div., A-3523-80, 6/14/82 (unreported); certification denied, 91 N.J. 568 (1983) [Updated through 1991]